Posted on 05/12/2005 3:30:21 PM PDT by Crackingham
A federal judge Thursday struck down Nebraska's ban on gay marriage, saying the measure interferes not only with the rights of gay couples but also with those of foster parents, adopted children and people in a host of other living arrangements. The constitutional amendment, which defined marriage as a union between a man and a woman, was passed overwhelmingly by the voters in November 2000.
U.S. District Judge Joseph Bataillon said the ban "imposes significant burdens on both the expressive and intimate associational rights" of gays "and creates a significant barrier to the plaintiffs' right to petition or to participate in the political process."
Bataillon said the ban beyond "goes far beyond merely defining marriage as between a man and a woman."
The judge said the "broad proscriptions could also interfere with or prevent arrangements between potential adoptive or foster parents and children, related persons living together, and people sharing custody of children as well as gay individuals."
Forty states have laws barring same-sex marriages, but Nebraska's ban is the only one that prevented homosexuals who work for the state or its university system from sharing health insurance and other benefits with their partners.
Did I read this right?
A judge was able to overturn a state constitutional ammendment?
How on Earth is that even possible?
I do believe the tree of Liberty grows thirsty...
Sounds like that was the straw the broke the judges back.
Born 1949 in Omaha, NE
Federal Judicial Service:
U. S. District Court, District of Nebraska
Nominated by William J. Clinton on January 7, 1997, to a seat vacated by Lyle E. Strom; Confirmed by the Senate on September 11, 1997, and received commission on September 18, 1997.
We are getting our EIGHT LONG YEARS OF CLINTON right back at us, alright! On the installment plan!
"A judge was able to overturn a state constitutional ammendment? How on Earth is that even possible?"
In theory, only when the US Constitution forbids the state action --- for example, the right under some states constitutions to own slaves (I kid not).
In practice, whenever the little pagan dictators in robes say.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
Basically, what the filibuster in the US Senate is trying to do is keep more stupid judges like this in office or put them in office.
Why won't the people of Nebraska take action against their Senator about the filibuster?
It isn't. But these tyrants think that they can. We must stop them!
I guess that voting thing is just for show these days.
Another dictator in black robes. Another POS.
Sounds like that was the straw the broke the judges back.
A number of other state's are similarly afflicted. Quite predictable. What the law is aiming to do is create two labels, "marriage" and "civil union," where eventually both have substantially the same rights and priviliges and legal status. Opposite sex? Married. Same sex? Civil Unioned. "But they aren't married!"
Nebraska - Passed 70-30%
"Marriage ; same-sex relationships not valid or recognized. Only marriage between a man and a woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska." (Nebraska Constitution Article I, section 29)
And the libs wonder why there needs to be a constitutional amendment. All the supporters of it said that this is exactly what was going to happen.
in case anyone missed this one:
http://www.freerepublic.com/focus/f-news/1402039/posts
we have here a literal plague of judicial tyrany
What part of the 10th amendment does this idiot not understand?
I don't see this judge striking down anti-gun laws that violate the 2nd amendment. Pretty selective.
Looks like Nebraska has it's very own "9th Circus Court". I think all these judges have evolved from the same infected gene pool.
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